it's possible that a person could be charged for violations of state laws and federal laws and also laws of war which are ajudicated in military commissions. military commissions can ajudicate violations of state or federal laws. they ajudicate violations of the law of war. martha: that would not apply here. there was some discussion about law of war when all of this begun began and the question of whether or not the administration perceives us to be involved in a war on terror and whether or not those rules apply. sort some of that out for us. what is your thinking about that? >> well the president makes a determination as to whether or not a person is a enemy combatant and then if the nation is in a situation that qualifies for law of war application, then a person could be apprehended as an enemy combatant and tried for violations of the law of war and adjudicated or tried in that setting in a military commission. we had early on in the war on terror, what was called the authorization to use military force, aumf, it is abbreviated as, and that has been held by our supreme court to hav